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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Difficult ? You could say!!

5 replies

overtheraenbow · 30/05/2013 11:38

Shit+ fan= hit !! STBXH got petition today, not a happy chappy . Claims its ' factually incorrect ' ( it's not) but the fact it's in black and white he doesn't like!!

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Noregrets78 · 30/05/2013 12:55

mine was pretty darn fuming when it arrived too. Ripped it into bits, threw it on the floor and kicked it around for a while.
Is he going to sign and return it? There is somewhere on there that he can say he thinks it's a pile of BS but still not contest, in theory then everyone's happy.

overtheraenbow · 30/05/2013 13:36

That's what my sol just told me. He won't contest it if it costs him tightfisted twunt but he's blustering and threatening so I just told him ok ill go for adultery and he can pay too. He says I'm off to discuss with my fictional solicitor ( again too mean and arrogant to employ one) well we will see wont we (:

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Noregrets78 · 30/05/2013 21:20

His non-existent solicitor will only say what you have said, that it would be a mistake to contest. Really should be saved for if he doesn't think you should divorce, and even then the judge will see the fact that one of you has filed a petition as a pretty good reason that you should divorce...

I think adultery is a bit more complicated as he has to accept that he's done the deed?

Just be patient he'll work out what's best in the end. If he doesn't, you can get the papers served on him anyway, and then progress without his signature.

overtheraenbow · 30/05/2013 21:59

I know what surprised me was as he pushed for a divorce that he had the Consent order on 1st May but hasn't returned it yet. I can only think he's delaying now as he thinks if want the divorce now, ironic as it was the last thing I wanted 6 months ago. I will have to o back to feigning indifference again, what fun and games!! I have an email with him admitting adultery and she's living with him now so know her address.
Sol told me will give him 2 weeks then serve it Noregrets, didn't know we could do that!! Thanks

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Noregrets78 · 30/05/2013 23:19

Ah yes I've played that game where you have to pretend you don't care either way, so that they don't just do whatever winds you up more.

Yes to serve the papers you can either use a court bailiff (cheap £30 maybe but can take months if it ever works) or a process server (e.g. ex-copper, works for themselves, maybe £100 but lots lots quicker). They hand the papers to the person, then if they don't sign and return it you can get a statement from the process server which states they've definitely had them. You can then apply to the court to progress without your husband's signature on the basis he has indeed seen the papers. Bit of a faff but means you can get there in the end whether he likes it or not. Best not to warn your husband though, as the process server costs more the more times they have to try... can take a while if your husband keeps nipping over the back fence. Good luck!

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